Legal Question in Employment Law in California
Unlawful Employment Termination
A friend (OS) was terminated from her employment on the basis that her employer was caught having an afair with another woman and he told his wife a lie by stating the affair was with OS instead of the woman he actually was involved with. So his wife told her husband that OS had to go from the office. He has verbally...recorded v-mail...suggested he would give her a ''couple of hundred dollars'' a month until she can find work. He has not even agreed to give her any severance pay or anything else. This is a small LLC...she has been employed for 4-5 years and paid as an independent contractor so the employer could avoid healthcare or social security benefits. I have suggested to her that she has a legitimate complaint...that she should request severance pay and a letter in writing stating it was not her that he was having an affair with. One other issue I have, is the independent contractor status seems to be very suspect under the law. She was a general personal secretary and recently was performing real estate appraisals for the company. Please advise on both issues! Thanks
2 Answers from Attorneys
Re: Unlawful Employment Termination
Your friend may have a claim - she should seek qualified employment counsel as soon as possible.
Re: Unlawful Employment Termination
She is NOT an independent contractor, and if she makes a claim of Unemployment benefits, should get them. BUT, there could be taxes and penalties due, so investigate before filing.
Her wrongful termination claim seems valid, and I suggest that if she makes a claim through counsel, it may be possible to get 'severance' or settlement pay. Contact me if interested in doing so.
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